Moriarty v. Svec’s Empirical Analysis
164 F.3d 323 · 1998
Citation profile
22 federal appellate · 1 state decisions
How this case has been cited
Cited by 61 later decisions — most recently July 2022 · most notably Neuma Incorporated v. Amp Incorporated Provident Life and Accident Insurance Company (2001), Stinnett v. Iron Works Gym/Executive Health Spa, Inc. (2002)
22 federal appellate · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Erie Co v. Tompkins · Pilot Life Insurance v. Dedeaux · Radio & Television Broadcast Technicians Local Union 1264 v. Broadcast Service of Mobile, Inc. · South Prairie Construction Co. v. Local No. 627, International Union of Operating Engineers · Atherton v. Federal Deposit Insurance Corp.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“we realize that this award may have to be adjusted on remand to reflect any additional proceedings.”
2 later decisions quote this exact passage · from the concurrencee.g. Thomas J. Moriarty, Trustee on Behalf of the Trustees of the Local Union No. 727, I.B.T. Pension Trust, and the Trustees of the Teamsters Local Union No. 727 Health and Welfare Trust, Plaintiff-Appellee/cross-Appellant v. James F. Svec, Individually and D/B/A Svec & Sons Funeral Home and West Suburban Livery, Defendant-Appellant/cross-Appellee · Ibt v. F“The district court did not dispute this interpretation of state law. Instead it held the Illinois successor liability rule had been preempted in the situation by federal common law. Upholsterers Internat’l Union Pension Fund v. Artistic Furniture, 920 F.2d 1323 (7th Cir.1990). In Artistic Furniture , we stated that in order to further Congressional objectives, successor entities can be liable ... if (1) there is sufficient continuity between the two companies and (2) the successor company had notice of the predecessor’s liability ... Atherton [v. FDIC, 519 U.S. 213 , 117 S.Ct. 666 , 136 L.Ed.2d 656 (1997)] does not preclude courts from applying appropriate federal rules in areas where Congress manifests a desire to avoid significant conflict.”
1 later decision quote this exact passage · from the majority“Once the court found that WSL and the Funeral Home were a single employer, and that WSL employees performed livery services, it could impose liability `in accordance with the terms and conditions of [the] . . . agreement.'”
1 later decision quote this exact passage · from the majoritye.g. Moriarty v. Svec
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.